- 1 - HC-KAR NC: 2025:KHC-D:12295-DB RFA No. 100463 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100463 OF 2024 (SP-) BETWEEN: ASHPAKAHAMAD S/O. ABDULSAB MULLA, AGE: 46 YEARS, OCC: AGRICULTURE & BUSINESS, R/O. KAGINELE, TQ: BYADAGI, DIST: HAVERI-581110. …APPELLANT (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. SMT. FAMIDA W/O. USMANALI @ USMANKHAN RATTIHALLI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. KAGINELE, TQ: BYADAGI, DIST: HAVERI-581110. 2. IRSHADAHAMAD S/O. USMANALI USMANKHAN RATTIHALLI, AGE: 40 YEARS, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:12295-DB RFA No. 100463 of 2024 OCC: AGRICULTURE, R/O. KAGINELE, TQ: BYADAGI, DIST: HAVERI-581110. 3. SHAKEERALI S/O. USMANALI @ USMANKHAN RATTIHALLI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. KAGINELE, TQ: BYADAGI, DIST: HAVERI-581110. …RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1- R3) THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.21/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. BYADAGI; ALLOW THE APPEAL AND SET ASIDE THE PART OF THE JUDGMENT AND DECREE UNDER APPEAL DATED 14.08.2024 PASSED IN O.S.NO.21/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BYADAGI AND CONSEQUENTLY THE SUIT IN O.SNO.21/2018 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, BYADAGI BE DECREED IN THE INTEREST OF JUSTICE AND ETC. THIS APPEAL IS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC-D:12295-DB RFA No. 100463 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) This appeal is by the plaintiff against the impugned judgment and decree dated 14.08.2024 passed in OS No.21/2018 by the Senior civil Judge and JMFC., Byadagi whereby, the prayer for specific performance sought for by the appellant-plaintiff against the respondents-defendants was rejected by the trial Court which passed a decree for refund of earnest money of Rs.4,00,000/- together with interest at 12% per annum from 12.02.2018 till realization. 2. Learned counsels for the parties have filed a joint memo reporting amicable settlement which reads as under: JOINT MEMO The dispute between the parties is settled out of Court. The appellant is entitle for amount deposited before trial Court by the defendants/respondents, in view of the settlement, the defendants/respondents have no objection to withdraw the amount deposited before trial Court by the appellant. The Court fee paid by the appellant may kindly be refunded to the appellant. - 4 - HC-KAR NC: 2025:KHC-D:12295-DB RFA No. 100463 of 2024 Wherefore, the instant appeal may kindly be disposed of as settled out of Court, in the interest of justice. Dharwad Sd/- Date: 16/09/2025 Appellant Sd/- Respondents No. 2 and 3 Sd/- Advocate for Appellant Sd/- Advocate for Respondents. 3. The appellant and respondent Nos.2 and 3 are present and have signed the joint memo along with their respective counsel, who identified the parties. Accordingly, the appeal deserves to be disposed in terms of the joint memo by modifying the impugned judgment and decree. 4. Appeal is hereby disposed off in terms of the joint memo, referred to supra. 5. The impugned judgment and decree passed by the trial Court is modified in terms of the joint memo. 6. Modified decree to be drawn accordingly. - 5 - HC-KAR NC: 2025:KHC-D:12295-DB RFA No. 100463 of 2024 7. Registry of this Court is directed to refund the entire amount paid on the memorandum of appeal back to the appellant forthwith without any delay. 8. The registry of the trial Court is directed to disburse the entire amount deposited by the respondent- defendant before the trial Court in favour of the appellant- plaintiff forthwith without any delay after receipt of the copy of this order. 9. Registry of the trial Court is also directed to refund the entire court fee paid on the plaint back to the appellant-plaintiff immediate without any delay. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE HMB CT-MCK List No.: 2 Sl No.: 1